NPDES Storm Water Enforcement & Compliance at Federal Facilities

Transcription

1 US EPA-Region 4 NPDES Storm Water Enforcement & Compliance at Federal Facilities Daryl Shoemake, P. G., WPEB/CES June 30, 2005

2 Storm Water Regulations? What s New? Regulated Storm Water Discharges Enforcement Priorities Industrial Storm Water Discharges Construction Storm Water Discharges Other Storm Water Discharges

3 Regulations Original Storm Water regulations became final November 1990 First round of general permits were issued 1992 First individual Phase I MS4 permits issued by EPA in the early 90s

4 What s New? Permit Small MS4s (Phase II) Federal Facilities, Universities, etc (Urbanized Areas) Designated by Permitting Authority (State/EPA) Region 4 Under State General Permits Program must include: Six (6) Minimum Control Measures Evaluation/assessment efforts & recordkeeping Construction permit coverage extended to smaller sites >1 Acre (Phase II) Applications required by March, 2003

5 Small MS4s - Six Minimum Control Measures Public Education and Outreach Public Involvement/Participation Illicit Discharge Detection and Elimination Construction Site Runoff Control Post-Construction Storm Water Management in New and Redevelopment Pollution Prevention/Good Housekeeping for Municipal Operations

6 US EPA Resources on the Web:

7 Regulated Storm Water Discharges What is Storm Water? Point Source Discharges When Does a Discharge Occur

8 What is Storm Water? Storm Water Runoff, Snow Melt Runoff, and Surface Runoff and Drainage Includes Only Discharges which Result from Precipitation Does Not Include: Wash Water Water Produced in Industrial Processes on the Site

9 What Is a Point Source? Any Discernible, Confined, and Discrete Conveyance, Including but Not Limited to, Any Pipe, Ditch, Channel, Tunnel, Conduit, Well, Discrete Fissure, Container, Rolling Stock, Concentrated Animal Feeding Operation, Landfill Leachate Collection System, Vessel or Other Floating Craft From Which Pollutants Are or May be Discharged.

10 When Does a Discharge Occur? Storm Water Enters Waters of the U. S. Storm Water Enters a Municipal Separate Storm Sewer System (MS4) MS4 is a system of conveyances (incl. municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned or operated by Federal, State, Local or Tribal organizations

11 EPA s Enforcement Priorities Enforcement priorities target: Industrial facilities discharging w/o permits Large & Small Construction Projects w/o permits Industrial and Construction with a permit, but not in compliance with permit requirements

12 Discharge of Storm Water Associated with Industrial Activity Definition found at 40 CFR (b)(14)(i)-(xi) 11 categories of industrial activities Related to manufacturing, processing, or materials storage areas Includes Federal, State, and municipallyowned and operated facilities

13 11 Categories of Industrial Discharge (i) Facilities with Effluent Limitations (ii) Manufacturing (iii) Mineral, Metal, Oil and Gas (iv) Hazardous Waste, Treatment or Disposal Facilities (v) Landfills (vi) Recycling Facilities (vii) Steam Electric Plants (viii) Transportation Facilities (ix) Treatment Works (x) Construction Activity (xi) Light Industrial Activity

14 How Do I Determine If an Industrial Facility Needs a Storm Water Permit? Does the facility have a storm water discharge to Waters of the U.S. or an MS4? Is the industrial activity described in the regulations? Does the facility qualify for a conditional exemption?

15 What Industrial Permit Options are Currently Available? Individual Permit General Permit (most common) EPA permitted states: Multi-Sector General Permit (MSGP) Submit a Notice of Intent (NOI) for coverage Authorized NPDES states: Applicable general permit

16 Storm Water Pollution Prevention Plan (SWPPP) Most Plans, at a minimum, contain: Pollution Prevention Team Description of Potential Pollutant Sources Measures & Controls Comprehensive Site Compliance Evaluation

17 Potential Sources of Pollutants Associated With Industrial Activity Loading and unloading of dry bulk materials or liquids Outdoor storage of raw materials or products Outdoor process activities Dust or particulate generating processes Illicit connections or inappropriate management practices Waste disposal activities

18 EPA s Industrial Inspection Process Review the Permit, SWPPP, Records Walk the Site/Field Conditions Check if BMPs are in place and functioning Look for obvious sources of pollutants Get copies of documents relevant to the site inspection (maps, reports, etc ) Take photos of findings Interview staff, if necessary Conduct sampling, if necessary

19 Common SW Problems Industrial Facilities No Permit, SWPPP, or Records Failed to install/maintain BMPs at site specified in the SWPPP Did not conduct/document inspections SWPPP not updated to reflect BMP changes or site conditions Failed to monitor and report Improper use of Facility Equipment

20 Example SW Problems Industrial Facilities Storm Water Conveyance Systems (Ditch or Piped) Lack of Slope Stabilization Maintenance of Ditch Slopes Other discharges into system (Sediment)

21 Example SW Problems Outfalls and SW Samplers Industrial Facilities Sample intake line problems Improper placement of intake line Bio-hazards Maintaining Access to Samplers

22 Example SW Problems Industrial Facilities Golf Courses Housekeeping Maintenance shop, pesticide mixing areas Wash Rack/Oil Water Separator Uncovered Areas (Mixing/Parts) Fueling Areas or Exposed Batteries Floor Drain Dumping

23 Example SW Problems Industrial Facilities Vehicle Wash Racks/Motor Pools Maintenance of Oil/Water Separators Unauthorized discharges into Wash Racks Lack of BMPs Berms & Curbing Not using designated areas Housekeeping

24 Example SW Problems Industrial Facilities Storage Facilities General Housekeeping Uncovered Materials, Parts (Engines, Batteries, etc.) Open or Leaking Containers Floor Drains Oil Stained Concrete or Asphalt

25 Example SW Problems Bulk Fuel Storage Area Industrial Facilities Damaged/degraded Containment Valves Left Open Leaks or Damage to Tanks

26 Example SW Problems Refueling Stations Industrial Facilities Oil/Water Separator Maintenance Spills, Illicit Discharges Engines Washing (if car wash present) Improper Disposal of Oily Rags, Fluids Floor Drains

27 Example SW Problems Industrial Facilities Fire Training Areas Damaged/degraded Containment Valves Left Open at Fuel Burn Pits Leaks or Damage to Fuel Tanks

28 Example SW Problems Pesticide Mixing Areas Industrial Facilities Uncovered Mixing Areas or Chemicals Uncontrolled Spills Wash Rack Used for Chemical Cleaning Floor Drains

29 Landfills Example SW Problems Uncontrolled Erosion Industrial Facilities Leachate/Debris in Streams BMPs

30 Example SW Problems Industrial Facilities Power Plant Facilities Storage Area Runoff Illicit Discharges Spills

31 Example SW Problems Industrial Facilities Recycling/Processing Centers Excessive Debris or Housekeeping Spills, Soil Staining Exposed Parts, Uncovered Containers, etc

32 Example SW Problems Industrial Facilities Recreational Areas (Sports Fields, Recreational Vehicle Storage Areas, Parks, etc ) Illicit Discharges Motor Homes, Boats POL Storage (Uncovered/Open Containers) Fueling Area/Spills Chemical Spills Other Programs (UIC Wells Septic, Unknown Drains)

33 Industrial Resources Contact State or EPA storm water coordinators EPA Web Site and State Contacts EPA s Water Resources Center (phone) (fax)

34 Storm Water Construction

35 Storm Water Construction Overview Why do we care about runoff from construction sites? EPA s storm water construction program: permitting nuts and bolts EPA s Inspection Process & Enforcement Options Common Problems Observed Cross Programmatic Issues

36 Storm Water Impacts Storm water runoff carries high levels of sediment, oil and grease, suspended solids, nutrients, heavy metals, and pathogens. Sediment is one of the primary pollutants of concern.

37 Why Regulate Dirt in the Water? Excess sediment can: kill fish and smother fish eggs and other aquatic organisms destroy aquatic habitat cause loss of drinking water storage capacity and increase cost of drinking water treatment cause streambank erosion

38 Why Regulate Dirt in the Water? 6,700 pounds of sediment per acre typically come off a construction site with no controls.

39 When Does A Site Require a Permit? Permit coverage required for: Construction activity disturbing > 1 acre Construction activity below 1 acre that is part of a larger common plan of development or sale Potential permit coverage for: Construction activity that disturbs less than 1 acre of land may be designated based on water quality impact

40 What Permitting Options Are Available? Construction General Permit (CGP) -Construction activities 1 acre ( large and small activities) including construction activities <1 acre that are part of a larger common plan of development or sale that disturbs 1 acre or more Individual Permit

41 How Do I Obtain a Copy of the CGP? Contact your State or Local Permitting Authority If EPA is your Permitting Authority: Contact EPA s Water Resources Center (phone) (fax) Surf at Contact your EPA Regional Office

42 Who s Responsible for Permit Requirements? Permittee (Operator) Control over construction plans and site specifications, including the ability to make modifications (e.g., developer) Day-to-day site operational control Signs as financially responsible party on Erosion and Sedimentation Control Plan

43 Notice of Intent (NOI) Requirements NOI is submitted by Operator(s) Operator has operational control over site specifications i.e. Developer has ability to change site specifications Operator has day-to-day operational controls over site activities i.e. Contractor may be authorized to direct workers to carry out site plans

44 Storm Water Pollution Prevention Plan (SWPPP) SWPPP - Site-specific plan for general permit. Must be prepared before or with the NOI, depending on State. Includes Site Description Potential pollutant sources Runoff coefficient Endangered Species Act information

45 SWPPP Contents Control Measures (BMPs) Sediment Controls to stabilize/minimize sediment loss Erosion Controls to contain sediment on-site Material Storage/Housekeeping Inspections Inspection Reports/Frequency & Other Records Modify SWPPP if needed based on findings Maintenance BMPs - Effective Operating Condition Repair/Modify before next storm event

46 Notice of Termination (NOT) Certifies That: Final Stabilization is complete as per the Permit. Note: Permit requirements vary. Person submitting NOT is no longer the operator and new operator is responsible for compliance

47 EPA s Inspection Process Target Sectors with Known Compliance Issues or Impacted Waters Usually Unannounced Inspections Inspection may include Federal, State, County, City or Local Agency Personnel Opening Conference with On-Site Rep. On-Site Inspection (Photos, Records, etc ) Closing Conference

48 EPA s Inspection Process cont. On-site Inspection What we focus on: Permit Requirements (State or Federal) SWPPP Records/Inspections BMPs Overall site conditions

49 Overall Common Problems Construction Sites Permit not obtained/applied for (NOI) Communication Between Personnel No SWPPP Developed/Inadequate SWPPP SWPPP/Permit not kept on site Failure to Install BMPs according to SWPPP SWPPP not updated with site changes Failure to Conduct Inspections and Maintain BMPs Site not stabilized Uncontrolled Discharges of Sediment Inadequate Record Keeping No Rain Gauge on site

50 Example SW Problems Construction Sites No Outlet Protection and Sediment Loss

51 Example SW Problems Construction Sites Improperly installed BMPs

52 Example SW Problems Construction Sites Vehicles Crossing Stream BMPs Installed in a live stream!!

53 Example SW Problems Construction Sites Weekly report basically states all BMPs in good working order.

54 Example SW Problems Construction Sites DIRT IN STREAM

55 Example SW Problems Construction Sites Failure to Maintain/Adjust BMPs

56 Example SW Problems Construction Sites INADEQUATE OR NO BMPs

57 Example SW Problems Construction Sites IMPROPER TANK STORAGE

58 Example Concrete Wash Out Area BAD EXAMPLE GOOD EXAMPLE Storm Drain

59 EPA s Enforcement Tools On-site Compliance Assistance Notice of Violation (NOV) Requires Compliance w/permit Administrative Order (AO) Require Permit Compliance Schedule for Remediation Referral

60 Other Authorities EPA Delegated NPDES Program to State City/County Govt. cannot be Delegated the NPDES Program Local Govt. may Operate Under their own Ordinances Do not take place of EPA/State Programs

61 Cross-Programmatic Issues Other Regulatory Program Permits May Be Required Underground Injection Control Program Improved Sink Holes SW/Industrial Drainage Wells Inventory Requirements by EPA/State Clean Water Act Section 404 If site prep involves land disturbance, placement of fill, or check dam construction in: Ditches, Swales, Creeks, or Wetlands.

62 UIC Issue UIC Class V Sink Hole

63 Section 404 Issue WETLANDS AREA Ineffective BMP ACTIVE CONSTRUCTION SITE AREA

64 Turn this..

65 Into This.. Keep the Sediment On-Site!!

66 DON T GET STUCK IN THE MUD!!

67 For Further Assistance... US EPA, Region 4 Daryl Shoemake Phone: shoemake.daryl@epa.gov EPA s Website -